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anyone other than Synology; (y) combination of the
Software with any product, services or other items
provided by anyone other than Synology; or (z) your
failure to comply with this EULA.
Section 10. Support. During the Warranty Period,
Synology will make available to you the support
services. Following the expiration of the applicable
Warranty Period, support for Software may be
available from Synology upon written request.
Section 11. Disclaimer of Warranties. EXCEPT
AS EXPRESSLY SET FORTH ABOVE, SYNOLOGY
AND ITS SUPPLIERS PROVIDE THE SOFTWARE
"AS IS" AND WITH ALL FAULTS. SYNOLOGY
AND ITS SUPPLIERS HEREBY DISCLAIM ALL
OTHER WARRANTIES, EXPRESS, IMPLIED OR
STATUTORY, ARISING BY LAW OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR USE, TITLE
AND NONINFRINGEMENT, WITH REGARD TO
THE SOFTWARE. WITHOUT LIMITING THE
FOREGOING, SYNOLOGY DOES NOT WARRANT
THAT THE SOFTWARE WILL BE FREE OF BUGS,
ERRORS, VIRUSES OR OTHER DEFECTS.
Section 12. Disclaimer of Certain Damages. IN
NO EVENT WILL SYNOLOGY OR ITS LICENSORS
BE LIABLE FOR THE COST OF COVER OR
FOR ANY INCIDENTAL, INDIRECT, SPECIAL,
PUNITIVE, CONSEQUENTIAL OR SIMILAR
DAMAGES OR LIABILITIES WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO LOSS OF
DATA, INFORMATION, REVENUE, PROFIT OR
BUSINESS) ARISING OUT OF OR RELATING TO
THE USE OR INABILITY TO USE THE SOFTWARE
OR OTHERWISE UNDER OR IN CONNECTION
W I T H T H I S E U L A O R T H E S O F T W A R E ,
W H E T H E R B A S E D O N C O N T R A C T, TO RT
(INCLUDING NEGLIGENCE), STRICT LIABILITY
OR OTHER THEORY EVEN IF SYNOLOGY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Section 13. Limitation of Liability. SYNOLOGY'S
AND ITS SUPPLIERS' LIABILITY ARISING OUT
OF OR RELATING TO THE USE OR INABILITY TO
USE THE SOFTWARE OR OTHERWISE UNDER
OR IN CONNECTION WITH THIS EULA OR
THE SOFTWARE IS LIMITED TO THE AMOUNT
ACTUALLY PAID BY YOU FOR THE PRODUCT
REGARDLESS OF THE AMOUNT OF DAMAGES
YOU MAY INCUR AND WHETHER BASED ON
CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY OR OTHER THEORY. The
foregoing disclaimer of warranties, disclaimer of
certain damages and limitation of liability will apply
to the maximum extent permitted by applicable law.
The laws of some states/jurisdictions do not allow
the exclusion of implied warranties or the exclusion
or limitation of certain damages. To the extent that
those laws apply to this EULA, the exclusions and
limitations set forth above may not apply to you.
S e c t i o n 1 4 .
E x p o r t R e s t r i c t i o n s .
acknowledge that the Software is subject to U.S.
export restrictions. You agree to comply with all
applicable laws and regulations that apply to the
Software, including without limitation the U.S.
Export Administration Regulations.
Section 15. U.S. Government License Rights.
All Software provided to the U.S. Government is
provided with the commercial license rights and
restrictions described in this EULA. By installing,
copying or using the Software, the U.S. Government
agrees that the Software is "commercial computer
software" or "commercial computer software
documentation" within the meaning of FAR Part 12.
Section 16. Termination. Without prejudice to
any other rights, Synology may terminate this EULA
if you do not abide by the terms and conditions
contained herein. In such event, you must cease
use of the Software and destroy all copies of the
Software and all of its component parts.
Section 17. Assignment. You may not transfer
or assign your rights under this EULA to any third
party. Any such transfer or assignment in violation
of the foregoing restriction will be void.
Section 18. Applicable Law. Unless expressly
prohibited by local law, this EULA is governed
by the laws of the State of Washington, U.S.A.
without regard to any conflict of law principles to the
contrary. The 1980 U.N. Convention on Contracts
for the International Sale of Goods or any successor
thereto does not apply.
Section 19. Dispute Resolution. Any dispute,
controversy or claim arising out of or relating to
this Warranty, the Software or services provided
by Synology with respect to the Software or the
relationship between you and Synology will be
resolved exclusively and finally by arbitration under
the current commercial rules of the American
Arbitration Association if you reside in the United
States, except as otherwise provided below. In
such cases, the arbitration will be conducted before
a single arbitrator, and will be limited solely to the
dispute between you and Synology. The arbitration,
or any portion of it, will not be consolidated with
any other arbitration and will not be conducted on
a class-wide or class action basis. The arbitration
shall be held in King County, Washington, U.S.A.
by submission of documents, by telephone, online
or in person as determined by the arbitrator at
the request of the parties. The prevailing party in
any arbitration or legal action occurring within the
United States or otherwise shall receive all costs
and reasonable attorneys' fees, including any
arbitration fee paid by the prevailing party. Any
decision rendered in such arbitration proceedings
will be final and binding on the parties, and
judgment may be entered thereon in any court of
competent jurisdiction. You understand that, in the
absence of this provision, you would have had a
right to litigate any such dispute, controversy or
claim in a court, including the right to litigate claims
on a class-wide or class-action basis, and you
expressly and knowingly waives those rights and
agrees to resolve any disputes through binding
Yo u
arbitration in accordance with the provisions of
this Section 19. If you do not reside within the
United States, any dispute, controversy or claim
described in this Section shall be finally resolved
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